THEORETICAL AND PRACTICAL ASPECTS OF THE RETROACTIVE CALCULATION OF ALCOHOL LEVEL
THEORETICAL AND PRACTICAL ASPECTS OF THE RETROACTIVE CALCULATION OF ALCOHOL LEVEL

Summary/Abstract: The new regulations regarding the retroactive calculation of the alcohol level stipulate, expressly and restrictively, the circumstances that allow the judicial organisms to order medico-legal investigations aiming mainly to establish the alcohol level at a certain moment, based on the results of the lab tests on blood samples taken from vehicle or tram drivers, from authorized auto instructors or from the examiners of the competent authority during the practical test necessary to obtain the driving license, under investigation for the crime indicated by art. 87 from Government Decision 195/2002, namely “driving a vehicle or a tram by a person who has an alcohol level exceeding 0.80g/l of pure alcohol in the blood…” At the same time, the methodological norms regarding the drawing of blood samples necessary to determine the alcohol level do not allow medico-legal expertise to be carried out based on the statements of the persons under investigation or of the witnesses who, generally, provide false information regarding the concentration or quantity of the intake in order to influence a smaller alcohol level, under the limit that triggers criminal liability.

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